By: Dutton H.B. No. 2015
A BILL TO BE ENTITLED
AN ACT
relating to searches, seizures and raids by Special Weapons and
Tactics teams.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 2.1371, Code of Criminal Procedure, is
added to read as follows:
Art. 2.1371. PROVISION OF BODY CAMERAS TO SPECIAL TEAMS. A
department may not create or administer a Special Weapons and
Tactics team or unit unless every officer on that unit is equipped
with a body camera and the department has instituted policies and
procedures to ensure that body cameras are turned on and recording
during all unit action and remain on until the action is concluded
by the arrest of all persons or at the time that all police
personnel have left the premises. Body camera video shall
otherwise be governed by Occupations Code Art. 1701.655 and Article
2.1396, Code of Criminal Procedure.
SECTION 2. Article 2.1383 and Article 2.1384, Code of
Criminal Procedure, are added to read as follows:
Art. 2.1383. STANDARDS FOR DEPLOYMENT OF SPECIAL WEAPONS
AND TACTICS TEAMS (SWAT). (a) In this article, a "Special Weapons
and Tactics team" is defined as a designated team of law enforcement
officers who are specifically trained and equipped to work as a
coordinated team to respond to critical incidents, including, but
not limited to, hostage taking, barricaded suspects, snipers,
terrorist acts, and other high-risk incidents, regardless of the
name an agency gives to such team.
(b) A department administering a Special Weapons and
Tactics team shall institute policies designed to limit the
deployment of that team to situations involving an imminent threat
of serious bodily injury to civilians or officers. The
determination to deploy a Special Weapons and Tactics team shall be
based on consideration of evidence for an imminent threat to a
persons or officers, and that the conditions are such that the
suspect cannot reasonably be apprehended using routine methods.
The existence alone of a legally owned gun in the home of an
individual does not constitute evidence of an imminent threat.
When SWAT is deployed for a pre-planned warrant service or for an
incident not involving ongoing violence, the basis for believing an
imminent threat exists should be reviewed and approved by a
supervisor at the level of Captain or above before the deployment,
to include justification for warrant execution between the hours of
sunset and sunrise.
Art. 2.1384. REPORTS REQUIRED FOR SPECIAL WEAPONS AND
TACTICS TEAM DEPLOYMENTS. (a) All departments administering a
Special Weapons and Tactical team shall annually report information
about team deployments and training to their local governing body.
(b) The Texas Commission on Law Enforcement by rule shall
create a training curriculum and standards for certification as a
SWAT team member, and for in-service training requirements for SWAT
certified officers and for SWAT teams.
(c) The Texas Commission on Law Enforcement by rule shall
create a form for use by departments for reporting to the local
governing body, which may require additional reporting, but the
report must include at least the following information about
Special Weapons and Tactics Team's:
(1) the date on which the team was deployed;
(2) the location where the incident occurred;
(3) the specific reason for the deployment including a
short description of the evidence of ongoing violent conduct
including the existence of a tip by an undercover or anonymous
informant;
(4) a listing of military or forcible entry equipment
used, if any;
(4) if known, the age, gender, and race or ethnicity of
each injured or deceased person involved in the incident;
(5) a list of any controlled substances, weapons,
contraband, or evidence of crime found on the premises or any
individuals;
(6) whether any person used, exhibited, or was
carrying a deadly weapon during the incident;
(8) whether the incident occurred as a result of a drug
investigation.
(9) the training received by the SWAT team
collectively and for the SWAT officers individually.
SECTION 3. Article 2.1396, Code of Criminal Procedure, is
amended to read as follows:
Art. 2.1396. VIDEO RECORDINGS OF ARRESTS FOR INTOXICATION
OFFENSES OR PERSONS SUBJECT TO ARREST, DETENTION OR INJURY BY A
SPECIAL WEAPONS AND TACTICS UNIT. A person stopped or arrested on
suspicion of an offense under Section 49.04, 49.045, 49.07, or
49.08, Penal Code,
a person whose arrest or detention is the result
of a Special Weapons And Tactics operation, or an immediate family
member of a person who suffered serious bodily injury or died as a
result of a Special Weapons and Tactics operation is entitled to
receive from a law enforcement agency employing the peace officer
or officers who made the stop or arrest or conducted the operation a
copy of [any] all video or audio recordings made by or at the
direction of the officer that [contains footage of] recorded:
(1) the stop or other police action;
(2) the arrest;
(3) the conduct of the person [stopped] during any
interaction with the officer, including during the administration
of a field sobriety test; or
(4) a procedure in which a specimen of the person's
breath or blood is taken.
SECTION 4. The Texas Commission on Law Enforcement shall
adopt the rules required by Section 2.1384, Code of Criminal
Procedure, as added by this Act, not later than December 1, 2019.
SECTION 5. This Act takes effect September 1, 2019.